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1985-11-12 262 TOWN BOARD MEETING NOVEMBER 12, 1985 7:30 P.M. MEMBERS PRESENT Mr. Daniel Olson-Deputy Supervisor Mr. Daniel Morrell-Councilman Mrs.Betty Monahan-Councilman Mr. Wilson Mathias-Town Counsel ABSENT Mrs. Frances Walter-Supervisor --1 Dr. Charles Eisenhart-Councilman PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MORRELL PRESS: G.F. Post Star, WBZA, WENU GUESTS: Mr. .Garfield Raymond, Ms. Diane Carpenter, Mr. Dick Cutting TOWN OFFICIALS: Mr. Paul Naylor PUBLIC HEARING -Application for a Junk Yard-Diane Carpenter -Location:VanDusen and Sanders Road Tax Map Number 126-1-71 Notice Shown Mr. Garfield Raymond, Counsel representing Ms. Carpenter Hearing Opened. . .7:31 P.M. Ltr.-on file from Queensbury Planning Board approving the application for a Junk Yard. . . MR. GARFIELD RAYMOND-Counsel representing Ms. Carpenter`Noted that the application included a survey map of the area. . .noted that this is a pre-existing Junk Yard purchased from Mr. Sanders in 1985. DISCUSSION HELD: Town Board reviewed the map of the area with Mr. Raymond and Ms. Carpenter. . .noting size of lot, placement of fence and height of fencing. . . DEPUTY SUPERVISOR OLSON-Asked if there was anyone present who wishes to speak to the Board regarding this application. . .Hearing none. . .the Public Hearing was closed. . .7:48 P.M. RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 248, Introduced by Mr. Daniel _Morrell who moved for its adoption, seconded by Mrs. Betty Monahan: RESOLVED, that the Town Board Minutes of October 22, 1985 be and hereby is approved. Duly adopted by the following vote: Ayes: Mr. Morrell, Mrs. Monahan, Mr. Olson Noes: None Absent:Dr. Eisenhart, Mrs. Walter RESOLUTION SETTING PUBLIC HEARING ON A LOCAL LAW REGULATING PARKING ON PORTIONS OF MEADOWBROOK ROAD AND CRONIN ROAD RESOLUTION NO. 249, Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, a proposed Local Law to establish No-Parking regulations on 263 a portion of Meadowbrook Road and Cronin Road and designated on the Town of Queensbury Tax Map in Section 59-3-1.22 has been prepared and WHEREAS, the proposed Local Law is worthy of consideration for legislative action, NOW, THEREFORE BE IT RESOLVED, that a public hearing be held concerning the proposed adoption of a Local Law and that said public hearing be held at 7:30 P.M. in the Meeting Room of the Town of Queensbury Office Building, Bay & Haviland Roads, Glens Falls, New York on the 26th day of November, 1985 at which time all persons will be heard both in favor of and opposed to said Local Law, and it if further RESOLVED, that the Town Clerk be hereby directed and authorized to publish and provide notice of said public hearing as may be required by law. Duly adopted by the following vote: Ayes: Mr. Morrell, Mrs. Monahan, Mr. Olson Noes: None Absent:Dr. Eisenhart, Mrs. Walter (PROPOSED LOCAL LAW) A LOCAL LAW ESTABLISHING NO-PARKING REGULATIONS ON PORTION OF MEADOWBROOK AND CRONIN ROADS AND DESIGNATED ON THE TOWN OF QUEENSBURY TAX MAP IN SECTION 59-3-1.22 SECTION 1. For the purpose of this Local Law, the words, "vehicle", "owner", "parked", "standing" shall have the meaning defined in the Vehicle and Traffic Law of the State of New York. SECTION 2. Except as provided for the Section 3 hereof, no vheicle shall be parked or left standing on that portion of the Town road between Meadowbrook _— and Cronin on the westerly side of Meadowbrook in a sourtherly direction for 1200' and ending at the most sourtherly entrance to Regency Park apartments; thence running from the corner of Meadowbrook and Cronin on the southerly side of Cronin in an easterly direction for 1050' and ending at the easterly most entrance to Regency park apartments and more particularly described on the Town of Queensbury Tax Map in Section 59-3-1.22. SECTION 3. Any person violating any provision of Section 2 or Section 3 of this Local Law shall upon conviction be punishable for a first offense by a fine not to exceed $25.00, and for a second offense by a fine not to exceed $50.00. In addition to the aforesaid penalties, the Town Board of the Town of Queensbury may institute any proper action, suit or proceeding to prevent, restrain, correct or abate any violation of this Local Law. SECTION 4. This Local Law shall take effect immediately upon filing thereof in the Office of the Secretary of State. HIGHWAY SUPT. PAUL NAYLOR-Noted that his department had, had some problems with snow removal in the area, due to cars being parked at the side of the road. . . RESOLUTION AUTHORIZING ACCEPTANCE AND EXECUTION OF PROPOSED LEASE AGREEMENT RESOLUTION NO. 250, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Daniel Morrell: WHEREAS, in connection with the operation of the winter recreation program by the Town of Queensbury, Harold Hansen, Queensbury Recreation Director, has recommended to the Town Board that recreation activities be provided in various areas of the Town, and WHEREAS, the Town of Queensbury is presently not the owner of land in ,the South Queensbury area of the Town that would be suitable for recreation 4 activities to be conducted by the Town of Queensbury Recreation Department thereon, and WHEREAS, Harold Hansen has made tentative arrangements subject to the approval of the Town Board, with the owner of certain land in South Queensbury to lease said lands for use in connection with the Town's winter recreation program, and WHEREAS, Harold Hansen has recommended to the Town Board that the Town of Queensbury lease lands for recreation purposes for the period from December 15, 1985 to March 1, 1986, and WHEREAS, Harold Hansen has informed the Town Board that he has inspected this parcel of land and has found it to be suitable and appropriate for recreational purposes, and WHEREAS, it would serve a legitimate Town purpose to provide winter recreational programs in South Queensbury, and WHEREAS, the terms and conditions set forth in the proposed lease appear to be reasonable, NOW, THEREFORE BE IT RESOLVED, that the Town of Queensbury enter into a written lease agreement with the respective owners of the aforesaid parcel of land for a period from December 15, 1985 to March 16, 1986, under the terms and conditions of the proposed lease agreement annexed hereto, and be it further RESOLVED, that Frances J. Walter, Supervisor be authorized and empowered to execute said leases on behalf of the Town of Queensbury. Duly adopted by the following vote: Ayes: Mr. Morrell, Mrs. Monahan, Mr. Olson Noes: None Absent:Dr. Eisenhart, Mrs. Walter COUNCILMAN MORRELL-This will be used for a skating rink in the South Queensbury Area. . . COUNCILMAN MONAHAN-This is in cooperation with the South Queensbury Fire Dept. RESOLUTION TO ACCEPT DEED TO TOWN OF QUEENSBURY FOR PREMISES FOR TOWN HIGHWAY TO BE KNOWN AS PINECROFT DRIVE, THISTLEWOOD DIRVE AND STONEHURST DRIVE RESOLUTION NO. 251, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Daniel Morrell: WHEREAS, Maine Enterprises, Inc. , has executed and offered a deed for a Town Roadway not less than fifty (50) feet in width and an easement agreement for drainage purposes which is more particularly described in the documents marked Schedule "A" and "B" annexed hereto and made a part hereof, and WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury, has advised that he has made the necessary inspection of the right of way clearing, sub-base preparation, drainage implementation, and surface treatment and finds that such work has been performed in accordance with the standards and requirements of the Town of Queensbury, and he recommends that this Board accept this land for highway purposes into the Town Highway System, and _ WHEREAS, Thomas K. Flaherty, Superintendent of Water of the Town of Queensbury, by his deputy, has advised that the proposed highway is not located within the geographical boundaries of the Queensbury Consolidated Water District, and WHEREAS, the title to the land proposed to be conveyed has been approved by Wilson S. Mathias, Esq. , Counsel to the Board NOW, THEREFORE, BE IT RESOLVED, that the Town Supervisor is hereby authorized to execute. the aforesaid drainage easement agreement, and be it further, RESOLVED, that the aforementioned deed be and the same is hereby accepted and approved and that the Town Clerk be hereby authorized and directed to cause said deed to be recorded in the Warren County Clerk's Office after which said deed shall be properly filed and maintained in the Office of the Town Clerk of the Town of Queensbury, and be it further RESOLVED, that this new road be hereby added to the official inventory of Town Highways, to be described as follows: ROAD NO. 411 Description East/West NAME: Pinecroft Drive FEET: 430 ROAD NO. 412 Description East/West NAME: Thistlewood Drive FEET: 1,159 ROAD NO. 413 Description North/South NAME: Stonehurst Drive FEET: 449 Duly adopted by the following vote: Ayes: Mr. Morrell, Mrs. Monahan, Mr. Olson Noes: None Absent:Dr. Eisenhart, Mr. Walter RESOLUTION TO ACCEPT DEED TO TOWN OF QUEENSBURY FOR PREMISES FOR TOWN HIGHWAYS TO BE KNOWN AS PINION PINE LANE AND VAN COURT RESOLUTION NO. 252, Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Mr. Daniel Morrell: WHEREAS, Thomas J. Farone & Son, Inc. have executed and offered a deed for town roadways not less than fifty (50) feet in width, and an easement agreement for drainage purposes which are particularly described in Schedule "A" and "B" annexed hereto and WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury, has advised that he made the necessary inspection of the right of way clearing, sub-base preparation, drainage implementation, and surface treatment and finds that such work has been performed in accordance with the standards and requirements of the Town of Queensbury, and he recommends that this Board accept this land for highway purposes into the Town Highway System, and WHEREAS, Thomas K. Flaherty, Superintendent of Water of the Town of Queensbury, has advised that he had made the necessary inspection of Water Line Installation in the proposed highways which are located within the geographical boundaries of the Queensbury Consolidated Water District and finds that said installation has been made in accordance with the standards and requirements of the Town of Queensbury and that he recommends that this Board accept this land insofar as the water installation is concerned, and WHEREAS, the form of the deed has been approved by Wilson S. Mathias, Esq. , Counsel to the Board, NOW, THEREFORE BE IT RESOLVED, that the Town Supervisor is hereby authorized to execute the aforesaid drainage easement agreement, and be it further, RESOLVED, that the aforementioned deed be and the same is hereby accepted and approved and that the Town Clerk be hereby authorized and directed to cause said deed to be recorded in the Warren County Clerk's Office after which said deed shall be properly filed and maintained in the Office of the Town Clerk of the Town of Queensbury, and be it further, ?56 RESOLVED, that these new roads be hereby added to the official inventory of Town Highways, to be described as follows: ROAD NO. 415 DESCRIPTION: North/South NAME: Pinion Pine Lane FEET: 1,648 ROAD NO. 414 DESCRIPTION: North/South NAME: Van Court FEET: 300 Duly adopted by the following vote: Ayes: Mr. Morrell, Mrs. Monahan, Mr. Olson Noes: None Absent:Dr. Eisenhart, Mrs. Walter RESOLUTION TO ACCEPT DEED TO TOWN OF QUEENSBURY FOR PREMISES FOR TG1 HIGHWAY TO BE KNOWN AS BROOKSHIRE TRACE RESOLUTION NO. 253, Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, Northern Homes, Inc. has executed and offered a deed for town roadways not less than fifty (50) feet in width, and an easement agreement for drainage purposes which are particularly described in Schedule "A" and "B" annexed hereto and made a part hereof, and WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury, has advised that he made the necessary inspection of the right of way clearing, sub-base preparation, drainage implementation, and surface treatment and finds that such work has been performed in accordance with the standards and requirements of the Town of Queensbury, and he recommends that this Board accept this land for highway purposes into the Town Highway System, and WHEREAS, Thomas K. Flaherty, Superintendent of Water of the Town of Queensbury, has advised that he had made the necessary inspection of Water Line Installation in the proposed highways which are located within the geographical boundaries of the Queensbury Consolidated Water District and finds that said installation has been made in accordance with the standards and requirements of the Town of Queensbury and that he recommends that this Board accept this land insofar as the water installation is concerned, and WHEREAS, the form of the deed has been approved by Wilson S. Mathias, Esq. , Counsel to the Board, NOW, THEREFORE BE IT RESOLVED, that the Town Supervisor is hereby authorized to execute the aforesaid drainage easement agreement, and be it further RESOLVED, that the aforementioned deed be and the same is hereby accepted and approved and that the Town Clerk be hereby authorized and directed to cause said deed to be recorded in the Warren County Clerk's Office after which said deed shall be properly filed and maintained in the Office of the Town Clerk of the Town of Queensbury, and be it further, RESOLVED, that this new road be hereby added to the official inventory of Town Highways, to be described as follows: ROAD NO. 416 DESCRIPTION: East/West NAME: Brookshire Trace FEET: 2,175 Duly adopted by the following vote: Ayes: Mr. Morrell, Mrs. Monahan, Mr. Olson Noes: None Absent: Dr. Eisenhart, Mrs. Walter 267 RESOLUTION TO ACCEPT DEED TO TOWN OF QUEENSBURY FOR PREMISES FOR TOWN HIGHWAY TO BE KNOWN AS PHEASANT WALK AND GROUSE CIRCLE RESOLUTION NO. 254, Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, Pro-Craft, Inc. has executed and offered a deed for town roadways not less than fifty (50) feet in width, and an easement agreement for drainage purposes which are particularly described in Schedule "A" and "B" annexed hereto and made a part hereof, and WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queenbury, has advised that he made the necessary inspection of the right of way clearing, sub-base preparation, drainage implementation, and surface treatment and finds that such work has been performed in accordance with the standards and requirements of the Town of Queensbury, and he recommends that this Board accept this land for highway purposes into the Town Highway System, and WHEREAS, Thomas K. Flaherty, Superintendent of Water of the Town of Queensbury, has advised that he had made the necessary inspection of Water Line Installation in the proposed highways which are located within the geographical boundaries of the Queensbury Consolidated Water district and finds that said installation has been made in accordance with the standards and requirements of the Town of Queensbury and that he recommends that this Board accept this land insofar as the water installation is concerned, and WHEREAS, the form of the deed has been approved by Wilson S. Mathias, Esq. , Counsel to the Board, NOW, THEREFORE BE IT RESOLVED, that the Town Supervisor is hereby authorized to execute the aforesaid drainage easement agreement, and be it further RESOLVED, that the aforementioned deed be and the same is hereby accepted and approved and that the Town Clerk be hereby authoirzed and directed to cause said deed to be recorded in the Warren County Clerk's Office after which said deed shall be properly filed and maintained in the Office of the Town Clerk of the Town of Queensbury, and be it further, RESOLVED, that these new road be hereby added to the official inventory of Town Highways, to be described as follows: ROAD NO. 417 DESCRIPTION: East/West NAME: Pheasant Walk FEET: 807 ROAD NO. 418 DESCRIPTION: North/South NAME: Grouse Circle FEET: 475 Duly adopted by the following vote: Ayes: Mr. Morrell, Mrs. Monahan, Mr. Olson Noes: None Absent: Dr. Eisenhart, Mrs. Walter DISCUSSION HELD-Junk Yard Application of Diane Carpenter-Councilman Monahan as a condition to the resolution of approval. . . no permit be given to Ms. Carpenter until all the fence is 8' in height, to conform to the present local law. (Permission was granted to Mr. Raymond to speak) Mr. Raymond-I put in the 6 to 8 ' on the height of the fence, I believe it is 8' . . .The Building Inspector will go out and measure it. . RESOLUTION TO APPROVE JUNK YARD RESOLUTION NO. 255, Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mr. Daniel Olson: 28 Resolution forthcoming from Town Counsel to be found on page 281 Duly adopted by the following vote: Ayes: Mr. Morrell, Mrs. Monahan, Mr. Olson Noes: None Absent:Dr. Eisenhart, Mrs. Walter COMMUNICATIONS i -Ltr. Town Counsel- re: Baldwin Re-Zoning, requested that the resolution setting a public hearing be rescinded. . .requested that further information regarding the exact size of the property to be rezoned be obtained. . .on file RESOLUTION TO RESCIND RESOLUTION RESOLUTION NO. 256, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Daniel Morrell: RESOLVED,, that the Town Board Resolution No. 240 of 1985 entitled RESOLUTION TO SET PUBLIC HEARING ON REZONING, regarding the Baldwin Rezoning be and hereby is rescinded. Duly adopted by the following vote: Ayes: Mr. Morrell, Mrs. Monahan, Mr. Olson Noes: None Absent:Dr. Eisenhart, Mrs. Walter REPORTS The following reports were placed on file: Town Clerk-Month of October Building & Zoning-Month of October COUNCILMAN MONAHAN-Presented the Town Board with petitions requesting that the new park off Ridge Road be used for ATV 's. , petitions previously presented to the Queensbury Recreation Commission. . . .There needs to be a place where off trail vehicles can be used but I think with the way the Town is growing it will have to be carefully thought out so that something like that can happen. I think this is something the Recreation Commission should look at, hopefully we are going to have some of it worked in with the snowmobile trails for winter riding and Warren County is talking about trails in Luzerne. DEPUTY SUPERVISOR OLSON-Asked for a report from Counsel on ATV Local Law. . . TOWN COUNSEL-Noted that he is working a local law, noting that there are still questions regarding registration. . .hope to have a local law ready by November 19th to be able to set a public hearing on. . . OPEN FORUM 8:33 P.M. MR. DICK CUTTING-Spoke on the N.Y. State Law that will be in effect in J 1987. . .noted the importance of training our youth to ride properly and to have a training area in the Town. . . COUNCILMAN MONAHAN-Noted that it is also important to have adults trained to ride ATV's. . . UNKNOWN-Questioned the problems that might arise when we have our own registration and the State takes over with another registration in 1987. . . questioned the cost to the Town. . . COUNCILMAN MONAHAN-The advantage to having a registration is to help enforce the local law. . . CLOSED: 8:50 P.M. RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 257, Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mr. Daniel Olson: RESOLVED, that Audit of Bills as appears on Abstract 85-11-12 and totaling $386,675.94 be and hereby is approved. Duly adopted by the following vote" Ayes: Mr. Morrell, Mrs. Monahan, Mr. Olson Noes: None Absent: Dr. Eisenahrt, Mrs. Walter On motion the meeting was adjourned. Respectfully Submitted, Donald A. Chase Town Clerk